北京市朝阳区检察院1999年度公诉案件量刑的分析研究

据北京市朝阳区检察院提起公诉、朝阳区法院作有罪判决的案件统计分析 ,罚金刑基本上是并科适用 ,并未减少自由刑的适用。没收财产刑适用极少 ,应以罚金刑取代之。管制刑实际上闲置 ,可用缓刑实现管制刑功能。影响量刑的相关因素中 ,户籍地因素的作用值得研究

Analysis and Research on Sentencing Discretion of Public Prosecution in Beijing Chaoyang District People's Prosecutors' Office in 1999

According to the statistic analysis of the cases which were prosecuted by Beijing Chaoyang District People's Prosecutors' Office,and in which conviction were rendered by Chaoyang District People's Court, pecuniary penalty has generally been imposed concurrently, while the application of punishment against freedom has not been reduced. Punishment of forfeiture has seldom been imposed and should be replaced by pecuniary penalty. Penalty of public surveillance has actually been laid idle, and its function can be realized by using probation. Of the elements affecting sentencing discretion, the effect of place of domicile deserves further study.